A legal perspective of the applicability of electronic governance at the lands and deeds registry
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Date
2013-10-09
Authors
Khunga, Majumo
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Abstract
This study is an examination of the legality of electronic government as practiced at the Lands and Deeds Registry Department at the Ministry of Lands. The study conjectures that the introduction of the electronic governance system at the Lands and Deeds Registry has interfered with the proper discharge and execution of legal functions thus resulting in some legal ramifications.The study therefore undertakes to examine the regulatory framework governing e-govemment at the Lands and Deeds Registry. That is to say the policy legal and institutional frameworks currently in place.It is the revelation of the study that what is in place at the Lands and Deeds Registry is mere computerisation as opposed to e-govemment. This is in view of the fact that service delivery is partly electronic and partly manual. This dual arrangement, the study further reveals, has culminated into some legal ramifications. It has also been revealed that, whereas concepts of e-govemment have been embraced in the administrative functions of the Ministry of Lands, no corresponding reforms have been embarked upon regarding the legal framework. As an immediate consequence of this, the Principal Systems Analyst (an administrative functionary) is de facto the custodian of the Land Register while the Registrar of Lands and Deeds is merely de jure custodian of the same.It is the conclusion of the study that the Institutional and legal frameworks governing e-government at the Lands and Deeds Registry are inadequate in their current form and e-government is therefore bound to fail. It is the recommendation of this study that institutional and legal reforms be expeditiously undertaken in keeping with the now approved National Information Communication Technology Policy.
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Internet in public administration --Technological innovations.